Frequently Asked Questions

What to do after a personal injury accident?

  • Take photos of your injuries
  • Visit a doctor if you haven’t already
  • If you have visited a doctor, follow their care plan and attend all follow-up appointments
  • Write down a narrative of what happened while it’s still fresh in your head
  • Make a list of witnesses and their contact information if you know it
  • Follow any additional instructions from your attorney

What is a personal injury?

Personal injury or tort law focuses on resolving disputes arising when someone suffers harm through the negligent, reckless or intentional actions of another party. The remedy that you seek as the person making the claim is compensation for the damages caused by the action or inaction of the party who was at fault.

What are some of the common types of personal injury claims?

Claims for personal injuries may arise in a number of ways, including the following:

  •         Car, truck, motorcycle and pedestrian accidents.
  •         Mass transit accidents.
  •         Workplace accidents.
  •         Accidents and abusive conduct in nursing homes.
  •         Malpractice by medical providers and pharmacists.
  •         Defective products, including consumer products and commercial equipment.
  •         Assaults and other types of intentional harm.
  •         Premises liability claims, include slip-and-fall accidents, lack of security, inadequate lighting, dog bites and animal attacks, and failure to perform proper and adequate maintenance.

The personal injury attorney retained to represent you will investigate the claim to identify and gather evidence to prove the cause of an accident and the identity of all parties who should be held responsible for it.

What compensation may the victim of an accident recover?

Some of the types of damages that you may recover by filing a personal injury claim include the following:

  •         Cost of medical treatment and care.
  •         Ambulance and hospital fees and expenses.
  •         Physical therapy and rehabilitation expenses.
  •         Lost earnings.
  •         Anticipated lost or diminished future earning capacity.
  •         Costs related to anticipated future medical treatment, including surgery to correct scarring and disfigurement.
  •         Cost of hiring housekeeping assistance while recovering from your injuries.
  •         Costs to rent or purchase medical equipment and supplies.
  •         Prescription medication expenses.
  •         Travel expenses to get to and from appointments for medical care.

In addition to your actual, out-of-pocket expenses, you may be entitled to recover compensation for the physical and mental pain and anguish you were forced to endure as a result of the accident.

Do I need to notify anyone of the accident?

Depending on the type of accident, you may need to notify your auto insurance company or a property owner about the accident. Your attorney can advise you about notifications that must be made and may handle them for you.

Do I really need a lawyer?

Some people do try to bring their case, or make their complaint on their own, but at Linden Law, we highly recommend having legal representation to make sure things are done right and that you have an advocate on your side, representing your interests.  You can be sure the other side will have a lawyer.


What should I expect when I meet with a lawyer?

Our first meeting will be a discussion about what happened to you.  It’s a good idea to take a little time before the meeting to write down your thoughts and gather things like accident reports, police reports, medical exams and receipts related to the accident before we meet.  This way, we can give you the best idea of what to expect from your case.  It’s simple.

Who will fix my car?

This is a great question. Usually an insurance company will pay for damages to your car.  Sometimes it will be your own insurance and sometimes it will be the other driver’s insurance.  Let us help you get the answers you need by calling us today. 

How am I going to pay?

Consultations at Linden Law are always FREE.  And, there is NEVER a legal fee with Linden Law until we resolve your case.  If you are awarded a settlement or win a lawsuit, Linden Law will be paid from the proceeds of that settlement.  Linden Law pays the costs and expenses of your case up front.  You don’t have to pay anything unless we win your case. 

I can’t pay my rent since I got hurt

We understand that it isn’t only legal fees that you are worried about.  Sometimes people who are injured in an accident, can’t go to work or have unexpected medical bills to pay.  Linden Law can help by handling your case, but we know that sometimes, you can’t wait.  We partner with a number of companies that help people just like you meet their daily financial obligations and get paid back when your case settles.  Just ask. 

What happens when I can’t go to work?

You may qualify for disability payments to help you with your expenses since you aren’t able to go to work.  At Linden Law, we handle social security disability cases and can help you qualify for benefits and rest assured that you will have income to help you when you can’t work.

Will my personal injury case go to trial?

More than 90 percent of personal injury cases don’t end up in a courtroom. The parties, their attorneys, and their insurance companies usually reach a resolution without a lawsuit ever being filed. Even if the case does result in litigation, the matter is often settled before trial, saving time and expense for everyone concerned. But if there are ongoing disputes about who caused the accident, conflicting witness accounts, or other factual issues, the competing claims may have to be thrashed out in court. A trial might also result if there’s an unresolvable dispute with an insurance company over what constitutes fair compensation for injuries resulting from the accident.

How long will it take to reach a settlement in my personal injury case?

There is no simple answer to this question. A settlement could take a matter of weeks, or months, or even years, although most cases settle in a year or less. The severity of the injuries involved plays a role, since it may take considerable time and various treatments or surgeries to determine the extent of the patient’s recovery and the long-term prospects for recovery. Accident victims should be wary of accepting an insurance company’s initial offer of settlement without first consulting an attorney.

I am embarrassed to sue my landlord

We understand that it can be hard to make a claim against someone you know.  We want you to know that businesses, like landlords, building owners, managing agents and even the City, handle legal complaints everyday as part of doing business.  If you’ve been hurt due to negligence at your residence, don’t worry.  Your landlord knows just what to do to handle the case.  No need to be embarrassed. You did nothing wrong.

I heard that lawsuits are expensive

It’s true.  Lawsuits can be expensive.  But you don’t have to worry about that.  At Linden Law, we work on contingency, which means that you don’t pay for our services unless we win your case.

Should I be afraid to testify?

Not at all.  It’s perfectly normal to feel nervous about answering questions but this is just part of the process.  We will be with you every step of the way and we will prepare you to testify before it even happens.  You will be safe and protected throughout the entire process.

I’ve been hurt before and sued. Is that bad for my case?

Lots of people have had other accidents.  It isn’t something to be concerned about.  The other side may want to ask you questions about where, when and how you were hurt to find out if you hurt similar parts of your body.  We will explain what prior injuries and accidents mean to your case.
(212) 804-8440